Bill Text: NY S01185 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 1185 (Prior Session Legislation)

Introduced

Bill Title: Exempts operators of law enforcement and fire department vessels from laws which regulate vessels on the navigable waters of the state while such operators are in the course of responding to emergencies.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2018-02-28 - referred to transportation [S01185 Detail]

Download: New_York-2017-S01185-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1185
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the  Committee  on  Cultural  Affairs,
          Tourism, Parks and Recreation
        AN  ACT  to  amend  the  navigation  law,  in  relation  to providing an
          exemption from certain laws for operators of law enforcement and  fire
          department  vessels  responding to emergencies on the navigable waters
          of the state
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The navigation law is amended by adding a new section 39-b
     2  to read as follows:
     3    § 39-b. Law enforcement and fire department vessels. 1.  The  operator
     4  of  a  law  enforcement  or  fire department vessel, when involved in an
     5  emergency operation on the navigable waters of the state,  may  exercise
     6  the privileges set forth in subdivision two of this section, but subject
     7  to  the  conditions  set  forth  in  subdivisions three and four of this
     8  section.
     9    2. The operator of a law enforcement or  fire  department  vessel  may
    10  disregard  any law, rule or regulation of this state or any local law or
    11  ordinance of a municipality of this  state  governing  the  movement  or
    12  turning of vessels upon such navigable waters.
    13    3. The privileges granted to the operator of a law enforcement or fire
    14  department vessel pursuant to this section shall apply only when audible
    15  signals  are sounded from any such vessel while in motion by bell, horn,
    16  siren, electronic device or exhaust whistle as may be reasonably  neces-
    17  sary,  and when the vessel is equipped with at least one lighted lamp so
    18  that from any direction, under  normal  atmospheric  conditions  from  a
    19  distance of five hundred feet from such vessel, at least one blue or red
    20  light will be displayed and visible.
    21    4.  The provisions of this section shall not relieve the operator of a
    22  law enforcement or fire department vessel from the duty to operate  such
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05831-01-7

        S. 1185                             2
     1  vessel  with  due  regard  for the safety of all persons, nor shall such
     2  provisions protect the operator from the  consequences  of  his  or  her
     3  reckless disregard for the safety of others.
     4    § 2. This act shall take effect immediately.